Seattle, WA Limits Criminal History Checks of Employees and Applicants

Beginning Nov. 1, 2013, the City of Seattle will limit employers’ ability to use criminal history information in hiring and employment decisions. Key provisions of a new ordinance (No. 124201) include:

  • Initial screening:  During the initial screening process, employers cannot perform a criminal background check or ask about an applicant’s criminal history, even on a form job application.
  • After initial screening:  Employers can perform criminal background checks, but their ability to use the information is subject to certain limits:
  1. Employers cannot take any adverse employment action based solely on an arrest record, but may consider underlying conduct for a “legitimate business reason.”
  2. Any adverse employment action based on criminal history must be based on a “legitimate business reason,” as defined by statute, and the affected employee must be given the opportunity to explain or correct. The employer must wait two business days before taking an adverse action on the information.

The law’s protections apply to all job applicants, employees, and independent contractors who perform at least 50% of their services within Seattle city limits. An employer will receive a warning for the first violation. Subsequent violations will lead to fines between $750 to $1000 per offense, plus attorney fees.

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